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HomeMy WebLinkAbout1996-08-06 RecommendationCity of Iowa City MEMORANDUM DATE: August2,1996 TO: FROM: Mayor and City ,Council Marian K. Karr, City Clerk RE: Bushnell's Turtle Outdoor Service Area On July 29 a staff meeting was held to discuss the request from Bushnell's Turtle for an exemption from the screening requirements. The meeting was attended by City Attorney Linda Woito, Police Chief R.J. Winkelhake, Fire Chief Andy Rocca, Sr. Building Inspector Ron Boose and myself. Staff discussed the request for a permanent exemption; the present Code requirement for a 5-8 foot fence surrounding an outdoor service area; the distinction between the ability to regulate hours of operation for a sidewalk cafe on City property (Panchero's) versus an outdoor service area on private property such as Bushnell's Turtle; and the whole issue of serving alcoholic beverages outside. After discussion of various issues involved staff recommends the following: 1. The request for a permanent exemption from the screening requirements be denied. A one year waiver of the fencing requirements be granted with the understanding that the owner of the establishment install a gate to allow an exit from the premises only (Code does not permit an access to the premises or the gate to be left open). The present height of the fence would remain the same until such a time staff can review and present to Council new regulations for outdoor service areas that may affect the height requirement. New regulations would be presented to Council during the off-season/winter months and a reasonable time would be allowed each establishment to comply. In Bushnell's Turtle case it is understood that the fence height would comply to new regulations by the time of their yearly regular inspection next July. An item is on the August 6 council agenda for action. If Council agrees with staff recommendations, no further discussion is needed and an affirmative vote on the Consent Calendar will allow staff to inform Bushnell's Turtle. More information will be sent to Council regarding possible changes to outdoor service regulations later this year· CC: Aziz Longou, Owner Dean Keegan, Attorney Linda Woito, City Attorney R.J. Winkelhake, Police Chief Andy Rocca, Fire Chief Ron Boose, Sr. Building Inspector